Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Tokelau

The Committee notes the comments, attached to the Government’s report, by Business New Zealand, the New Zealand Council of Trade Unions (NZCTU), which include a copy of the General CEDAW Note on Tokelau and the Role of Women submitted to the Committee on the Elimination of Discrimination Against Women (CEDAW/C/NZL/6, 8 May 2006, Appendix 3).

1. Article 1 of the Convention. Protection against discrimination in the public service. The Committee notes that the Tokelau Public Service Code of Conduct of 2004 requires public service employers to develop and implement a human resources policy which includes “good and safe working conditions including freedom from harassment and discrimination”. Section 2.5 of the Code provides that employees shall “not discriminate against, harass (including sexual harassment) or bully others including for the reasons of gender, race, age, disability, religious or ethical beliefs”. The Committee further notes that section 13.1(b)(viii) of the Public Service Manual of 2004 provides for disciplinary proceedings when an employee contravenes the provisions of the Code of Conduct. The Committee asks the Government to provide information in its next report on the practical application of these provisions, including on any disciplinary proceedings taken on the basis of section 13.1(b)(viii). Please also indicate how protection against discrimination is provided with respect to the other grounds set forth in Article 1(1)(a) of the Convention, in particular “colour, national extraction, political opinion and social origin”.

2. Discrimination based on sex. Maternity leave. The Committee notes that section 7.7(a) of the Public Service Manual provides that female employees who have completed at least one year’s service, may be granted maternity leave without pay for a period of up to two months. However, the first 30 consecutive days may subsequently be treated as leave on pay, provided that the employee resumes work before the expiry of six months’ leave, and that the position of the employee will be held for six months only (section 7.7(b) and (c)). It further notes that the Public Service Manual provides for leave without pay for both men and women for a period of up to 12 months (section 7.10). The Committee wishes to assure itself that the abovementioned provisions do not amount in practice to substituting maternity leave for leave without pay which would constitute discrimination against women. The Government is therefore invited to elaborate in its next report on the practical application of these provisions so as to ensure that women are not put in a disadvantageous position as compared to men with regard to their leave entitlements. Furthermore, the Committee points out that making maternity leave conditional upon at least one year of service would exclude women employed for less than one year from maternity protection, including protection against dismissal, which would be contrary to the Convention. The Committee requests the Government to provide information on the measures adopted or envisaged to secure maternity leave for all women employees.

3. Practical application in the public and private sector. Please provide statistical information disaggregated by sex on the number of men and women employed in each of the positions in the grading and salary scales in Appendix 1, as well as information on the measures taken to improve the status of women in employment and occupation and the results achieved.